Family Law & Divorce Information in Houston, Texas

Family Law, Divorce, In Houston Texas

Houston Texas Divorce Court 310th Harris County

Posted on : November 15, 2012 |
Flickr 3690634961 Houston Texas Divorce Court 310th Harris County

Houston Texas Divorce Court 310th Harris County

Houston, Texas Divorce Court 310th Harris County is a family law and divorce court located at 201 Caroline in the new civil courts buildings on the 15th floor.   Judge Millard is the presiding judge with Judge Moren her associate. The courts webpage can be found here.  You can check on the status of your case by visiting the district clerks website at District Clerk.  Judge Millards bio and personal page can be found here.

 310th Divorce Court Practice and Procedure

The court does not require mediation before A temporary orders hearing. Uncontested divorces start at 8:30 am. The docket is called at 9 a.m. The uncontested usually start around 845 am. Some are called before docket with remainder heard after docket call. Judge Moren frequently calls the docket and then Judge Millard comes out to hear the cases. If you file a suit affecting the parent child relationship or a divorce with a co-respondent father who is not the husband, the court always requires DNA testing.  The parenting class requirement is not enforced in this court.  Cases are scheduled for dismissal after 5 months.  If service is made and an answer filed then an agreed scheduling order must be submitted with an order for mediation. Should you fail to attend mediation then your case will be dismissed. Should you call in late for trial without a notice of conflicts, your case may be dismissed.  This court is efficient. Rulings are predictable. The court is conservative.

The Court does not require mediation prior to temporary orders. But will require mediation prior to the final trial. If the parties fail to undergo a mediation process, before the final hearing, the case might be dismissed. The opposing party also needs to comply with the mediation. If not, the movant must file a Motion to Compel Mediation, before the trial. If this motion’s articles are violated, the Court will apply sanctions.

Considering the matter of parenting classes, the Court will require this form of education, as foreseen in the Texas Family Code and in the Rules of the Judicial District Court of Harris County, Texas, Family Trial Division. Any trial of divorce, which affects the relationship between parents and children, except the cases when a good reason is presented, will need parenting classes. Also, the Court might consider necessary an education course or counseling in the case of parents who are involved in modification or enforcement litigation. A child that will undergo any form or custody litigation might also have to participate in these courses. In some cases, a party might be attributed to a batterer treatment program by the Court.

In the situation of the name change, the adults must present a criminal background check and, in case of children, a birth certificate will be required. If pre-trial conferences are set, the Court will publish and post the pre-trial order. Thus, parties must respect the order and prepare to discuss all the aspects regarding the trial in this pre-trial conference.

For the issuance of scheduling orders, attorneys have the possibility of setting their trial date, based on an agreement. Such scheduling order will be released taking into consideration the issue of the trial. In the case counsels cannot reach a consensus regarding the trial date, the attorney needs to file a Motion for Trial Request. Any case that will not be set by the lawyers will be transferred on the Motion to Retain or dismissal without prejudice (DWOP). A case will trigger a DWOP in several situations. The responded was not served with a citation, prior to the date of the trial. The responded failed to file a response or to participate in the trial. The properly executed return of service is not found in the file. Or in the case when the petitioner did not submit a proper Motion to Retain, in order to receive a relief granted at the date, or before, of the status conference or dismissal docket. A case can also be subjected to DWOP if a written order is not registered in a timely manner, after rendition or order, and for other reasons that will be settled by the Court.

Regarding the use of parental coordinators or facilitators, the Court has no other particular requirements than the ones already stipulated in the Texas Family Code. If there is involved children’s preferences or their interview in chambers, the Court has the following rules. According to the Texas Family Code, the Court with interview in chambers children that are 12 years old, or older, to find out their preferences regarding the future residence. But, this discussion will not take place until the hearing of the parties is held. Also, the attorney will find further details in the Family Trial Division, Local Rule 3.5.

For establishing a preferential setting, the court coordinator must be contacted before the date of the trial. To make any requests of preferential settings before the Associate Judge, there is the need to make a waiver of appeal to the District Judge first. Also, the schedule for a preferred setting of the Associate Judge is recommended to be respected; these settings being usually made on Thursdays and Fridays. Before being filled, all motions for continuance must have the signature of both parties. The continuances are governed by the rules of T.R.C.P 251 through 254. Before filing such motion, an enough period must be taken before the trial date. Also, a new trial date must be obtained from the Trial Coordinator before the continuance is granted. It is a responsibility that falls on the parties.

Appointments for Amicus are made following the TFC chap. 107. Also, they are appointed when the law requires them. Also, in the case this election is optional, it will be accepted when the other parties cannot afford the fact finder independent. Or through the pleading for the person or persons, to be represented by an ad litem. To grant the ad litem fees, the guidance contained in the Rule 104a(b) of the Texas Disciplinary Rules of Professional Conduct, together with the ability of the litigant to pay for these fees.

The Court might have other regulations as well, in conformity to the case’s nature of conditions. Thus, further notices can be provided by Michael Busby, a Houston divorce attorney.

 

 About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  Mike, frequently appears in the 310th court at least once a week,.  He is familiar with the policy and procedures of this Houston Texas Divorce Court 310th Harris County.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com


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Author:

I am a member of the State Bar of Texas, the Houston Bar Association, the Houston Association of Debtor's Attorneys and I am admitted to practice in the Federal Courts in the Southern District of Texas. I enlisted in the United States Marine Corps and served as a Field Artillery Cannoner from 1989 to 1993. I spent another 4 years from 1993 to 1997 in the National Guard for the states of Arkansas, Oklahoma, and North Carolina. I received my Bachelor of Science degree with honors from the University of Central Oklahoma in 1996. From 1996 to 1999 I worked as a funeral director and embalmer at Harry & Bryant Company in Charlotte, North Carolina. I graduated from South Texas College of Law in 2002. I have been faithfully married for 18 years and I am the the proud father of two daughters, Viktoria and Hannah Busby and father of Willam Maximus "Billy Max" Busby.